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PHY News

PHY Secures Victory for Trustee

Apr 07, 2016

A Bandera County state district judge granted summary judgment in favor of a lawyer, appointed as a trustee under a deed of trust, and his firm, in a dispute over the sale of a Hill Country ranch.  The plaintiffs purchased an 1150 acre ranch and then sued the seller and the trustee, for fraud and breach of contract, after the plaintiffs subsequently sold the ranch.  PHY showed that the plaintiffs’ claims against the trustee failed as a matter of law under the terms of the deed of trust and were barred by the statute of limitations, among other grounds.  The trustee and his firm were represented by David Prichard and David Montpas.

PHY Wins Trial for Kawasaki in Corpus Christi

May 01, 2015

After just forty minutes of deliberation, following a two-week trial, a jury in Corpus Christi found that there was no design or marketing defects in a 2006 Kawasaki Mule.  Plaintiff Richard Fisher was attempting to load the unlatched cargo bed of the Kawasaki Mule when he alleged that it suddenly tipped, causing him to fall and injure himself.  The plaintiff alleged that the Kawasaki Mule was defectively designed and marketed.  The plaintiff maintained Kawasaki should have used a different design for securing the cargo bed and should have also provided better warnings.  At trial, the plaintiff asked the jury to award him over $6 million in damages.  Kawasaki was represented by Jeff Hawkins and David Prichard of PHY, Rick Mueller of Thompson Coburn in St. Louis, Augustin Rivera, Jr. of Dunn, Weathered, Coffey, Rivera & Kasperitis in Corpus Christi and Tom Johnson of Kawasaki Motors Corp., U.S.A.

PHY Wins Wrongful Death Case for Honda

Mar 30, 2015

A federal judge in Houston denied the plaintiff’s motion for new trial in a wrongful death case against American Honda Motor Co., Inc. that PHY won on summary judgment.  On January 6, 2015, the federal court granted summary judgment in favor of Honda finding that the plaintiff failed to offer evidence on a key element of their design defect theory.  Honda showed that the plaintiffs’ expert had no evidence that his proposed alternative design was economically feasible as required by Texas law.  The federal court granted summary judgment on the plaintiffs’ claims for design defect, negligence and breach of warranty.  The plaintiffs asked the judge to reconsider his ruling, but he denied the request on March 30, 2015.  Honda was represented by Jeff Hawkins, David Prichard and David Montpas of PHY as well as by Derek Whitefield of Dykema Gossett in Los Angeles.